Mitsuwa Marketplace (collectively, “Mitsuwa”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws:
I.OWNERSHIP, LICENSE & RESTRICTIONS ON USE 1.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Mitsuwa. In addition, the names, images, pictures, logos and icons identifying Mitsuwa’s products and services, including tenants’ are proprietary marks of Mitsuwa and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights. 1.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Mitsuwa. 1.3 Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.
III. DISCLAIMERS 3.1 THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND MITSUWA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2 Mitsuwa disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
IV. LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party”: Mitsuwa Marketplace, its affiliates, tenants, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
V. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES This Site may contain references or cross references to Mitsuwa products and services that are not available in every country, state, or region.
VI. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall rest solely in California, USA.
VII. CHANGES TO SITE AND THESE TERMS AND CONDITIONS This Site and these Terms and Conditions may be changed by Mitsuwa with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
VIII. ENTIRE AGREEMENT; SEVERABILITY These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
X. LINKS TO MITSUWA WEB PAGES 10.1 Mitsuwa permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Mitsuwa notice of all such links by sending an e-mail to firstname.lastname@example.org, and (d) you discontinue providing links to this Site if notified by Mitsuwa. 10.2 When linking to this Site you may use one or more Mitsuwa logos as a link anchor. To ensure proper usage of Mitsuwa logos, you must contact us prior to using any logos by email: email@example.com. These logos are trademarks of Mitsuwa and Mitsuwa retains all rights in them. Mitsuwa grants you a limited license to use these logos solely for linking to Mitsuwa web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, Mitsuwa does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.
XI. ACCEPTANCE IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
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